3 New AV State Laws - 3 Approaches

While we wait for Congress to act on automated vehicles (AVs), and AVs are probably not high on the list right now, three new state laws have recently passed and become law. These are from Florida, Iowa. and Oklahoma. Louisiana has legislation pending that is likely to pass.

Short memory and low expectations

Perhaps we are sufficiently far in time from two realities that state legislatures are again moving quickly on AVs.

1. Mar. 18, 2018 - the date of the Uber not-really-an-AV crash in Arizona; and
2. Congress failed to pass a national AV law in the last session.

At the moment, states perceive themselves to be in the driver's seat in pushing AVs forward. The  new laws uniformly assert state supremacy, preempting local regulation or restrictions on AV operations.

One trend is a change in legislative definitions is that the term "automated driving systems" has become common and has generally replaced the term "autonomous vehicles." It has also become commonplace to require that AVs be able, among other things, to achieve a "minimal risk condition." The Florida, Iowa. and Oklahoma laws include these.

Florida

Florida HB 311

Whole hog - "human operator is not required to operate a fully autonomous vehicle; authorizing a fully autonomous vehicle to operate in this state regardless of whether a human operator is physically present in the vehicle"
No human need be present when AV is in operation
Allows teleoperation of AV

Allowing operation of an AV with video or television entertainment
Allowing operation of an AV with wireless devices in use

Definitions edited from earlier AV law
Preempts local governments from in any way regulating AV ridehailing (with some exception for airport authorities)

A provision that governs partial automation technology looks like fodder for litigation:

If the autonomous vehicle is not fully autonomous, the vehicle must: (a) have a system to safely alert a licensed human operator physically present in the vehicle if an automated driving system failure is detected while the automated driving system is engaged. When an alert is given, the system must: require the licensed human operator to take control of the autonomous vehicle or must achieve a minimal risk condition. 

Vague language allowing the Florida Turnpike Enterprise to "fund, construct, and operate facilities" that "advance" AV transportation for the purpose of reducing congestion AND improving safety. Note to Florida Turnpike Enterprise: The safest modes to integrate into your AV infrastructure are walking, biking, and transit.

Addresses long-range MPO transportation plans and mandates that "Each M.P.O. is encouraged to consider strategies that integrate transportation and land use planning to provide for sustainable development and reduce greenhouse gas emissions."

Oklahoma

Oklahoma SB 365

1. Preempts municipalities
2. Defines terms
3. Creates new section of vehicle law

Nothing in the Oklahoma law specifically discusses AV operation on public roads.

Iowa

Iowa SF 302

Allows for AVs to operate on public roads, but a human driver must be present in the vehicle. In fact, in the Iowa framework, it is still the human driver who is responsible, meaning the party who is potentially liable. Nothing about the possible liability of software providers or of hardware or vehicle manufacturers.

Local governments are preempted from regulating or taxing AVs, AV operations, or the business of AV ridehailing.

The Iowa law provides for AV ridehailing, but it does not explicitly permit an AV to operate without a human driver present. This leads one to believe that the law means that a human driver must be present when a ridehailing passenger is picked up or when a delivery is made with an AV.

Louisiana legislation pending

Louisiana HB 455 - This legislation is pending in the Louisiana Senate. It only concerns AV commercial motor vehicles and probably is geared toward attracting the trucking industry testing going on down South. [Update on July 9, 2019: The Louisiana bill passed and has become law.

Defines AV terms
Autonomous commercial motor vehicles - meaning trucks and buses - may operate in Louisiana
"Prior to commencing the operation of an autonomous commercial motor vehicle without a conventional driver present in the cab, a person or entity shall submit a written statement to the Department of Transportation and Development certifying that the vehicle meets the requirements of this Section."
Allows for teleoperation of automated commercial vehicle, but a human remote operator is considered the operator during such periods of operation.
If an AV commercial vehicle is equipped with teleoperation capability, it may operate on public roads without a human present, but only if "if a remote driver is operating the vehicle."

I'm confused, is the intention that the vehicle be automated or only partially automated. Is this really a commercial vehicle teleoperation bill? Is this a platooning bill, though that term or a description of such activity is left unmentioned?

Iowa and Factory Floors - Hotbeds for Driverless Testing?

Yes, California has two more companies permitted to do driverless testing. I'm just repeating the headline here. Ars Technica reports that "[t]he Wall Street Journal reports that Valeo (a tier-one supplier to the auto industry) and Wheego (an electric vehicle powertrain engineering company) have each been granted permits by the state's DMV to begin testing a single autonomous vehicle on public roads." (I do not have a WSJ subscription; otherwise I would read the actual article.) It has become so common for companies to test in California that it is hardly news any more. I thought twice about mentioning it.

In the heartland, real news

The real news from the Ars Technica report is that Iowa will be opening up a major highway between Cedar Rapids and Iowa City for driverless testing. Think snow and trucks on such a road. The report states that the Iowa Department of Transportation (IDOT) and HERE - remember the jointly owned mapping firm of Audi, BMW, and Mercedes-Benz? - are getting together to create a corridor for testing of driverless trucks and cars.

According to the Des Moines Register, IDOT is emphasizing that this is solely a mapping project and that no physical infrastructure work is 'involved. This effort is part of Iowa's attempt to lure driverless testing to the state.

Streets aren't the only thoroughfares with traffic 

Ford and Caterpillar, through their venture capital partners, are investing in robots for transporting stuff on factory floors. These are more predictable environments than actual streets. On the factory floor, rules are heeded for pedestrian/machine interaction; no one wants to lose a job for not obeying a right of way. The company receiving the $30 million infusion is Clearpath Robotics. There is no announcement of capitalizing on the robotics work for Ford and Caterpillar's own driverless vehicle efforts.

Iowa and Canada - Contrasting Driverless Invitations

Iowa put out a general call to driverless companies in April. The state is trying to get at least one date to come calling to use what the Iowans say is a perfect testing ground for driverless vehicles - an old runway. So far, Iowa is going stag to the prom.

Perhaps Iowa's problem is that M City in Michigan is a done deal and is set up to replicate different roadway conditions. Another problem is that companies such as Google and Uber are already on public roads in California, Texas, and Pennsylvania, with other companies involved in pilots on private campuses.

Could be that Iowa needs to offer a more contemporary invitation - like the streets of Iowa City or Des Moines.

Up North, however ... 

Canada's Ontario province is promising driverless something for 2016. It has a driverless planner with a two-year mandate to develop said plan. The province is operating with the belief that driverless is coming soon and it wants to be, in driving parlance, ahead of the curve.

Chevy Concept Car and Volvo on the Road

Chevrolet debuted its Chevrolet-FNR, an electric, autonomous "concept car" at the Shangai GM Gala Night event earlier today.

Iowa wants to start certifying roads for driverless cars. The University of Iowa will be hosting a semi-automated Volvo prototype and it wishes to copy the Swedes, who have the only road in the world certified for driverless vehicles. Sweden will need that road soon as Volvo plans to have 100 driverless cars on its roads in 2017.

Robotic lawnmowers are on the way to the U.S. Astronomers are unhappy, however, with their demand for more space on the FCC-regulated wireless spectrum. These machines are already happily mowing lawns in Europe, sort of like the vacuum and pool bots we have here.